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NeCede's

Maxim 5.2.18

Gathered fruits do not make a part of the house.

Fructus perceptos villae non esse constat.

Source: Dig. 19, 1, 17, 1; 2 Bouv. Inst. n. 1578; Bouvier, *Law Dictionary* (1856); Weisman, 70u; Weisman, 83j Difficulty 2/5 — Approachable

Explanation

Once crops are harvested and severed from the soil, they cease to be part of the realty and become personal property — the distinction between fructus pendentes and fructus percepti governs whether they pass with the land.

Where this applies

  • I harvested the crops before selling the farm — does the buyer have a claim on them?
  • The hay has been cut and baled — is it still part of the land for the sale?

Legal domains

property

See also

Cite this maxim

NeCede Max. 5.2.18 — Gathered fruits do not make a part of the house. — Dig. 19, 1, 17, 1; 2 Bouv. Inst. n. 1578; Bouvier, *Law Dictionary* (1856); Weisman, 70u; Weisman, 83j (Fructus perceptos villae non esse constat.)

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